North Dakota Cottage Food Law
A complete guide to cottage food regulations in North Dakota (ND) — revenue limits, allowed products, labeling, and permitting requirements.
Requirements & Restrictions
Permitting & Registration
- Food Handler Certification
- Not required
- Business License
- Not required
- State Registration
- Not required
Where You Can Sell
- farm
- ranch
- farmers market
- farm stand
- home-based kitchen
- any other venue not otherwise prohibited by law
- delivery
Allowed Products
- baked goods
- jams
- jellies
- other food and drink products
Prohibited Products
- uninspected products made from meat
- uninspected poultry products (except from operators who raise no more than 1,000 poultry per calendar year, do not buy or sell poultry products made from poultry not raised by the operator, and whose product is not adulterated or misbranded)
- poultry products sold in interstate commerce
Labeling Requirements
The following information must appear on every cottage food product label sold in North Dakota:
Required Disclaimer
This product is made in a home kitchen that is not inspected by the state or local health department.
Additional Notes
1. NDCC §23-09.5-02(1) explicitly prohibits any state agency or political subdivision from requiring licensure, permitting, certification, inspection, packaging, or labeling for cottage food products — making nearly all labeling fields false rather than null. 2. The disclaimer/consumer advisory statement (§23-09.5-02(8)) must be displayed on a sign at the point of sale OR placed as a label on the product. 3. Cottage food operators must verbally (or otherwise) inform the end consumer the product is not certified, labeled, licensed, packaged, regulated, or inspected (§23-09.5-02(5)). 4. Labeling IS required for refrigerated/TCS products (e.g., baked goods containing cream, custard, meringue, cheesecake, pumpkin pie, cream cheese): must include safe handling instructions and a product disclosure statement indicating the product was transported and maintained frozen (§23-09.5-02(7)). 5. No annual revenue cap is stated anywhere in the statute or administrative rules. 6. Sales must be direct producer-to-consumer and only for home consumption; cottage food products may not be sold to or used in any food establishment, food processing plant, or food store (except whole, unprocessed fruits and vegetables). 7. Administrative rules Chapter 33-33-10 sections 33-33-10-01 (Definitions), 33-33-10-02 (Cottage Food Products), and 33-33-10-03 (Safe Handling Instructions) were all repealed effective October 1, 2021; only §§33-33-10-04 (complaint investigations) and 33-33-10-05 (infectious disease) remain in effect. 8. The statute defines 'cottage food product' broadly as 'baked goods, jams, jellies, and other food and drink products' — no exhaustive approved/prohibited product list exists beyond the meat/poultry restrictions. 9. ND HHS (formerly ND Department of Health) and local regulating authorities may conduct investigations upon complaint of illness or environmental health issue.
Frequently Asked Questions
- What is the annual revenue limit for cottage food businesses in North Dakota?
- North Dakota does not impose a stated annual revenue limit on cottage food producers.
- Do I need a food handler certification to sell cottage food in North Dakota?
- No. North Dakota does not require a food handler certification for cottage food producers.
- Is a business license required for cottage food sales in North Dakota?
- No. North Dakota does not require a business license to operate a cottage food business.
- Does North Dakota require cottage food producers to register with the state?
- No. North Dakota does not require cottage food producers to register with a state agency.
- Where can I legally sell cottage food products in North Dakota?
- In North Dakota, cottage food products may be sold at: farm, ranch, farmers market, farm stand, home-based kitchen, any other venue not otherwise prohibited by law, delivery.
- What allergen labeling standard applies to cottage food in North Dakota?
- North Dakota follows the CUSTOM for cottage food labeling.
- What products are allowed under North Dakota cottage food law?
- The following product categories are permitted for cottage food production in North Dakota: baked goods, jams, jellies, other food and drink products.
- What products are prohibited under North Dakota cottage food law?
- The following products may not be sold under North Dakota's cottage food exemption: uninspected products made from meat, uninspected poultry products (except from operators who raise no more than 1,000 poultry per calendar year, do not buy or sell poultry products made from poultry not raised by the operator, and whose product is not adulterated or misbranded), poultry products sold in interstate commerce.